[Ord. No. 1049, 11/18/2019]
1.
For the purposes of this chapter, certain terms and words used herein
shall be interpreted as follows:
A.
Words used in the present tense include the future tense; the singular
number includes the plural and the plural number includes the singular;
words of masculine gender include feminine gender, and words of feminine
gender include masculine gender.
B.
The word "includes" or "including" shall not limit the term to the
specific example, but is intended to extend its meaning to all other
instances of like kind and character.
C.
The word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
D.
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
E.
The words "used" or "occupied" include the words "intended, designed,
maintained, or arranged to be used or occupied."
[Ord. No. 1049, 11/18/2019]
Unless a contrary intention clearly appears, the following words and phrases shall have a meaning given in this section. All words and terms not defined herein shall be used with a meaning of standard usage as defined in Merriam Webster's Collegiate Dictionary, Eleventh Edition. Definitions found in the Subdivision and Land Development Ordinance (Chapter 22) shall be applicable to this chapter.
A means of approach or entry to or exit from a lot, a site
or a parcel to a street.
A dwelling unit which has been authorized to be established
pursuant to this chapter, which is occupied by a person or persons
related by blood or marriage to the resident/owner of the dwelling
unit to which the accessory dwelling unit is subordinate, or which
is occupied by a person or persons employed to provide health care,
domestic housekeeping or horticultural services to the resident/owner
of, and on the site of, the resident/owner's dwelling unit.
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters,
or similar structures.
[Added by Ord. No. 1080, 11/1/2022]
A detached subordinate structure, the use of which is clearly
incidental to the principal structure and/or principal use of the
land.
A use conducted on the same lot as, and subordinate to, a
principle use to which it is related. The use must be clearly incidental
to and found in connection with a particular principal use.
See "accessory use."
Any office, laboratory, or work area used primarily for accounting,
correspondence, research, editing, or other administrative functions
accessory to the principal use of a research and testing facility,
manufacturing facility, medical office, or other similar uses.
See "extension."
A building or facility where administrative activities are
conducted or social or educational services are provided to the general
public.
An establishment where, for any form of consideration, one
or more motion-picture projectors, slide projectors, or similar machines
for viewing by five or fewer persons each are used to show films,
motion pictures, videocassettes, slides or other photographic reproductions
that are characterized by an emphasis upon the depiction or description
of specified anatomical areas or specified sexual activities.
An establishment which, for any form of consideration, has
as a substantial or significant portion of its stock-in-trade, any
one or more of the following:
Books, magazines, periodicals or other printed matter, or photography,
films, motion pictures, videocassettes, slides or other visual representations
that are characterized by an emphasis upon the depiction of specified
sexual activities or specified anatomical areas.
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities.
Any adult bookstore, arcade, cabaret, motion/mini motion-picture
theater, theater and massage parlor, as defined herein, and which,
under the State Obscenity Code, must exclude minors or may not knowingly
admit or disseminate to minors.
A cabaret, nightclub, bar, restaurant, tavern, theater or
club which regularly features live performances that are characterized
by the exposure of specified anatomical areas or by specified sexual
activities, or films, motion pictures, videocassettes, slides or other
photographic reproductions in which a substantial portion of the presentation
time is devoted to the showing of material that is characterized by
an emphasis on the depiction or description of specified sexual activities
or specified anatomical areas as defined herein.
An establishment where for any form of consideration, films,
motion pictures, videocassettes, slides or similar photographic reproductions
are shown and in which a substantial portion of the total presentation
time is devoted to the showing of material characterized by an emphasis
on the depiction or description of specified sexual activities or
specified anatomical areas, as defined herein.
Any theater, concert hall, auditorium or similar establishment,
indoor or outdoor, which exhibits a motion-picture show or other presentation
which, in whole or in part, depicts specified anatomical areas or
specified sexual activities as defined herein.
An indoor outdoor educational agricultural research area
conducted by an institution of higher education. Uses, structures
and activities may include, but are not limited to, events and activities
such as exhibits, displays, programs, research, structures, equipment,
livestock, poultry, horses, field demonstrations, tours, shows, clinics
and workshops related to agriculture, research, extension or education.
Housing that restricts ownership and/or residency to individuals
of a certain age range, as defined by the Department of Housing and
Urban Development (HUD).
[Amended by Ord. No. 1076, 3/15/2022]
Any business involved in the processing of farm products.
A site specific plan identifying BMPs to minimize accelerated
erosion and sedimentation from agricultural runoff, required by Chapter
102 (relating to erosion and sedimentation control).[1] The agricultural erosion and sediment control components
of a conservation plan may meet this requirement, if allowed under
Chapter 102.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry.
A business engaged in providing services for agricultural
operations, including sales and service of farm implements, fertilizer/pesticide/herbicide,
agricultural product storage and distribution facilities, testing
services, and seed and feed operations.
Any use of land or structures for farming, dairying, pasturage,
land tilling, horticulture, floriculture, arboriculture or animal
or poultry husbandry or as otherwise defined by the Pennsylvania Department
of Agriculture and/or the United States Department of Agriculture.
A farm that is actively producing agricultural products for
purchase and sale. It may include any farm marketing or agricultural
tourism endeavor such as farm markets, farm direct marketing, farm
stays, farm visits, roadside markets or stands, U-Pick operations,
community-supported agriculture, rural tourism, farm museums, corn
mazes, cider mills, vineyards and wineries, pumpkin patches, petting
farms, on-farm retail meat shops, on-farm retail dairies and creameries,
on-farm woolen goods shops, maple syrup farms, Christmas tree farms,
multifarmers' markets, on-farm retail nurseries, on-farm gift shops,
on-farm flowers, herbs and spices stores, on-farm bakeries, on-farm
restaurants or cafes, and other value-added production facilities.
The hosting of day and overnight events for students and
or guests for farm education.
The practice of visiting an agribusiness or agricultural
operation for the purpose of recreation, education, purchase or involvement
in the operation. These operations include those that are for-profit
and those that are provided free of charge.
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation of the airport identified
as "University Park Airport" in all locations is 1231 feet.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous to the landing
or taking off of aircraft.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this section and
the Pennsylvania Aviation Code, Act 164 of 1984.[2]
An area of land or water or a structural surface which is
designed, used or intended to be used for the landing and takeoff
of airplanes or helicopters, and any appurtenant areas which are designed
to be used for airplane or helicopter support facilities, such as
maintenance, refueling and parking.
A corridor used for access within a parking lot by motor
vehicles to the parking spaces.
A street, usually located to the rear or side of properties
otherwise abutting a street, used primarily for vehicular service
access and which does not typically provide primary frontage for a
building.
A narrow vehicular access to the rear of lots providing service
areas, utility easements, and access to parking and outbuildings.
An alluvial deposit; relating to, composed of or found in
alluvium.
Clay, silt, sand, gravel or similar detrital material deposited
by running water.
As applied to land, a change in topography as a result of
the moving of soil and rock from one location or position to another,
also the changing of surface conditions by causing the surface to
be more or less impervious; land disturbance. This term shall not
apply to agricultural plowing and tilling activity.
Any change or rearrangement in the supporting members of
an existing building such as bearing walls, columns, beams, girders,
or interior partitions or any enlargement to or diminution of a building
or structure, or the moving of a building from one location to another.
A facility for the dispatch, storage, and maintenance of
emergency medical care vehicles.
Any change or revision of the text of this chapter or the
Zoning Map.
A principal use of a building in which player-operated amusement
devices, such as pinball machines, video games, coin-operated games,
or other similar devices are used by the general public.
1,000 pounds live weight of livestock or poultry animals,
regardless of the actual number of individuals comprising the unit.
Animal weights shall be calculated using the standard animal weights
listed in Pennsylvania Act 38 Nutrient Management Program Technical
Manual, by the Pennsylvania State Conservation Commission.
For the purposes of this chapter, large animals are considered
livestock of the bovine, equine, sheep, goat or camelid families.
For the purposes of this chapter, small animals are considered
including chickens, fowl, game birds, and any other animal which is
by size and/or nature of a similar character to the aforementioned
animals.
A group of two or more buildings occupying a lot in single
ownership, with each building used by three or more families.
Any of the following codes:
[Added by Ord. No. 1080, 11/1/2022]
Uniform building, fire, electrical, plumbing or mechanical codes
adopted by a recognized code organization or local amendments to those
codes enacted solely to address imminent threats of destruction of
property or injury to persons.
Ferguson Township zoning, land use, streets and sidewalks, rights-of-way
and permitting ordinances.
A subdivider, landowner or developer who has filed an application
for development, including the landowner's or developer's heirs, successors
and assigns.
A water-bearing layer of rock that will yield water in a
usable quantity to a well or spring.
A totally enclosed building that is equipped for the practice
of shooting, including archery, where no activity associated with
shooting is conducted outside the building.
A location used for the collection and preservation of books,
journals, manuscripts, maps and other materials which are of limited
use and circulation. Because use of the materials is strictly controlled,
the traffic and public use is on a much lesser scale than a typical
public library.
A residential building or group of buildings designed to
provide multifamily dwelling units for elderly or physically or mentally
disabled persons who are independently mobile and are not in need
of the level of service provided by a personal-care home, but that
provides on-site supervision and assistance available to the residents
on an occasional, as-needed basis, and where at least one meal each
day is provided in a common dining area, and that includes certain
design features associated with the needs of the elderly that are
not customary in the construction of conventional dwelling units,
such as emergency call systems, common dining facilities, common laundry
facilities, minimal housekeeping services, common leisure and recreational
facilities, transportation services and similar supporting services
for the convenience of the residents.
A functional automobile and pedestrian area that is surrounded
by a cluster of homes and paved with decorative brick or stone pavers.
Auto courts use permeable paving systems, allowing runoff to percolate
into and undergo filtration by the subsoil underlying the pavers.
The use of land and structures for the storage, baling, packing,
sorting, handling, disassembling, purchase or sale of any material
which has been used, salvaged, scrapped or reclaimed, but is capable
of being reused in some form, including metals, fiber, paper, cloth
and rags, rubber, rope, bottles, machinery, tools, appliances, fixtures,
utensils, lumber, boxes, crates, pipe and pipe fittings, tires, motor
vehicles which are inoperable and do not have a current and valid
inspection sticker as required by the Commonwealth of Pennsylvania,
and motor vehicle parts, but not including garbage or other organic
wastes.
The use of land and structures engaged in the retail sale
of gasoline, oil, grease, batteries, tires and other motor vehicle
accessories, which may also provide minor mechanical repairs and servicing
of motorized vehicles.
The total area of the riparian buffer in Zone One along the
length of the stream or body of water divided by the total linear
length of the stream for the case where buffer averaging is permitted.
The total area of the riparian buffer (Zones One and Two)
along the length of a stream or body of water divided by the total
linear length of the stream for the case where buffer averaging is
permitted.
Business including, but not limited to, banking, savings-and-loans,
credit agencies, investment companies, brokers and dealers of securities
and commodities, security and commodity exchanges, insurance agents,
lessors, lessees, buyers, sellers, agents and developers of real estate.
The water surface elevation of the flood level that has a
1% or greater chance of occurrence in any given year.
Any area of the building having its floor below ground level
on all sides.
Retail items generally necessary or desirable for everyday
living, usually purchased at a convenient nearby location.
An owner-occupied single-family detached dwelling in which
rooms, all without cooking facilities, are rented to guests on a daily
basis in which breakfast may be served to the guests by the proprietor
of the facility.
As defined and regulated by the Pennsylvania Bee Law[3] and defined by the Pennsylvania Department of Agriculture.
Schedule of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the
pollution of waters of the United States. BMPs also include treatment
requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw material storage. Additionally, agricultural practices are
intended to be consistent with the Pennsylvania Nutrient Management
Chapter.
See "brewery," "brewery pub/tap room," "storage facility,"
"limited distillery," "limited winery," and "brewed beverage manufacturer."
The process in which contaminants and sedimentation are removed
from stormwater runoff. Stormwater is collected into the treatment
area which consists of a grass buffer strip, sand bed, ponding area,
organic layer or mulch layer, planting soil, and plants. Runoff passes
first over or through a sand bed, which slows the runoffs velocity,
distributes it evenly along the length of the ponding area, which
consists of a surface organic layer and/or ground cover and the underlying
planting soil. The ponding area is graded, its center depressed. Water
is ponded to a depth of 15 cm (5.9 in) and gradually infiltrates the
bioretention area or is evapotranspired. The bioretention area is
graded to divert excess runoff away from itself. Stored water in the
bioretention area planting soil exfiltrates over a period of days
into the underlying soils.
A landscape element, often a planted strip along a street
or parking lot, for the purpose of capturing surface water runoff
and filtering out silt and pollution before the stormwater enters
the drainage system or groundwater.
An area maintained in a natural state for the preservation
of both animal and plant life.
The governing body of the Township of Ferguson, Centre County,
Pennsylvania.
A line marking the limit, or border, of a lot or district.
An entertainment/recreational venue generally geared to hosting
events for the sport of bowling.
A facility which holds a license to manufacture, store and
distribute brewed or malt beverages and which may include a brewery
pub or tap room, as regulated by Chapter 47, the Pennsylvania Liquor
Code, as amended.
MICROBREWERYA brewery manufacturing 15,000 barrels (US barrels) or less per year or as otherwise defined by the National Brewers Association.
LARGE BREWERYA brewery manufacturing greater than 15,000 barrels (US barrels) per year or as otherwise defined by the National Brewers Association.
BREWERY PUB/TAP ROOMA portion of an establishment which holds a brewery license as regulated by the Pennsylvania Liquor Control Board, which is open to the public for the sale of brewed and malt beverages for on-site and/or off-site consumption and which also offers food to patrons, as regulated by Chapter 47, the Pennsylvania Liquor Code, as amended.
STORAGE FACILITYA portion of a warehouse or a separate structure, owned and maintained by a person or entity which holds a license that permits the temporary storage of brewed or malt beverages and which may also include a brewery pub or tap room, as regulated by Chapter 47, the Pennsylvania Liquor Code, as amended.
DISTRIBUTORAs defined by Chapter 47, § 102 of the Pennsylvania Liquor Code, as amended.
IMPORTING DISTRIBUTORAs defined by Chapter 47, § 102 of the Pennsylvania Liquor Code, as amended.
LIMITED DISTILLERYAn establishment licensed by the Pennsylvania Liquor Control Board to operate a distillery that shall not exceed production of 100,000 gallons of distilled liquor per year, or as otherwise defined by Chapter 47, the Pennsylvania Liquor Code, as amended.
LIMITED WINERYAn establishment licensed by the Pennsylvania Liquor Control Board to operate a winery that shall not exceed production of 200,000 gallons per year, or as otherwise defined by Chapter 47, the Pennsylvania Liquor Code, as amended.
BREWED BEVERAGE MANUFACTURERAn establishment which produces brewed and/or malt beverages for on-site or off-site sale and distribution, and which may include a brewery pub or tap room on the premise, or as otherwise defined as "manufacturer" by Chapter 47, the Pennsylvania Liquor Code, as amended. See "brewery."
A line, located a specified distance from the front lot line,
along which the front of a structure must not transcend.
A structure, including any part thereof, having a roof and
used for the shelter or enclosure of persons or property.
The line within a lot defining the required minimum setback
distance between any structure and the adjacent street line as well
as side and rear lot lines.
A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated system features maintain a uniform profile or
surface of vertical walls, window openings, and roofing. Such a system
is used in lieu of a separate mechanical device, replacing or substituting
for an architectural or structural component of the building or structure
that appends or interrupts the uniform surfaces of walls, window openings
and roofing. A building-integrated system may occur within vertical
facades, replacing view glass, spandrel glass or other facade material;
into semitransparent skylight systems; into roofing systems, replacing
traditional roofing materials; or other building or structure envelope
systems.
A facility or location in which the principal use is the
handling, receiving and transfer or passenger traffic, and may include
as an accessory use the loading, unloading, storing, receiving, assembling,
dispatching, weighing, consolidating, classifying, switching, distribution,
movement, or transfer of freight, as well as all equipment and facilities
associated with such activities.
A use in which the affairs of a business, profession, or
service are conducted including administration, recordkeeping, consulting,
clerical work and similar functions, but not including manufacturing,
fabrication, production, processing, assembling, cleaning, testing,
repair or storage of goods or products, or the sale of goods or products
which are physically located on the premises. See also "professional
office."
Buildings, other structures and equipment used by the owner
or operator of a cable television system to provide service. As used
in this definition, the term "cable system" shall have the meaning
given to it in Section 602(6) of the Cable Communications Policy Act
of 1984 [Public Law 98-549, 47 U.S.C. § 522(7)].
[Added by Ord. No. 1080, 11/1/2022]
As defined by the American Standards of Nursery Stock. Typically,
the diameter of a tree at the height of six inches from the top of
the root ball. In the case of a multistem tree, the caliper is determined
by the average of the stems.
The use of land and structures by campers for seasonal, recreational,
and temporary living purposes in cabins, tents or outdoor recreational
vehicles.
A tree, either single-stemmed or multistemmed (clump form),
which has a caliper of at least two inches at planting and is of a
species which, at maturity, shall reach a height of at least 30 feet
with a spread of at least 30 feet. See the Township's official plant
list for a listing of permitted canopy trees.
A building on a lot, designed and used exclusively for the
washing and polishing of vehicles.
A sediment formed by the organic or inorganic precipitation
of mineral compounds characterized by the fundamental chemical in
CO3, the principal element in limestone and dolomite strata.
The portion of a street right-of-way designed or intended
for vehicular use.
Land used or dedicated to the burial of the dead, including,
mausoleums, necessary sales and maintenance facilities.
A line running parallel to and equidistant from both sides
of a street.
The County Conservation District, created under authority
of state law to administer soil and water conservation work within
Centre County, with the technical assistance of state and federal
agencies.
The written approval, as issued by the Pennsylvania Department
of Environmental Protection, authorizing a person to operate and maintain
a mobile home park.
The certificate issued by the Centre Region Code Office,
which permits the use of a building in accordance with the approved
plans and specifications and which certifies compliance with the provisions
of law for the use and occupancy of the land and structure in its
several parts, together with any special stipulations or conditions
of the building permit.
The bed of a single or braided watercourse that commonly
is barren of above-water vegetation and is formed of modern alluvium.
Channels may be enclosed by banks or splayed across and slightly mounded
above a fan surface and include bars and dumps of cobbles and stones.
The sloping land bordering a channel. The bank has steeper
slope than the bottom of the channel and is usually steeper than the
land surrounding the channel.
The maximum rate of flow that may occur in a stream without
causing overbank flooding; the maximum flow which can pass through
a channel without overflowing the banks.
Pennsylvania's Chesapeake Bay Tributary Strategy is a catalog
of measures that, if applied to the state's Susquehanna and Potomac
Watersheds, will generate appreciable sediment and nutrient reductions
in order to provide cleaner water resources in the state and downstream
at the Chesapeake Bay.
Any fully enclosed and covered henhouse providing a predator-resistant
shelter that is thoroughly ventilated, provides adequate sun and shade
and all-season protection from the elements, designed to be easily
accessed and cleaned where poultry and/or chicken lives.
A domesticated female chicken considered a chick, pullet
or adult.
A covered, secure enclosure that allows chicken hens access
to the outdoors.
A movable fully enclosed structure commonly used for pastured
chicken hens that graze on fresh grass daily. The chicken tractor
is moved every day or week as needed for the chicken hens to have
fresh grass underneath them. Chicken tractors can be used as permanent
or temporary housing for chicken hens and are considered a type of
chicken coop.
Any facility/structure in which out-of-home care is provided
as a principal or accessory use, at any one time, for part of a twenty-four-hour
day to seven or more children, 15 years of age or younger, including,
care provided to a child at the parent's work site when the parent
is not present in the child-care space; care provided in private or
public, profit or nonprofit facilities; care provided before or after
the hours of instruction in nonpublic schools and in private nursery
schools and kindergartens as well as care provided in or in association
with places of assembly, whether or not the care is offered during
the same or different hours of operation.
Any place or premises wherein cider (alcoholic or nonalcoholic)
is manufactured and/or bottled for local, regional or national distribution
as well as package sales.
A business establishment specializing in selling patrons
flavored tobacco, tobacco-like or tobacco-inspired products to be
consumed on the premise, and which may sell food and nonalcoholic
beverages as a secondary function.
The term defining not-for-profit organizations dedicated
to the arts, culture, education, recreation, and/or government.
A building designed specifically for a civic function.
An area of unobstructed vision at street intersections defined
by the center lines of the streets and by a line of sight between
points on their center lines at a given distance from the intersection
of the center lines.
The nonprofit use of land and structures for social activities
among a group of people and their guests associated or formally organized
for a common purpose, interest or pleasure, usually cultural, religious
or entertainment, with regular meetings, membership requirements,
fees and dues and a constitution and/or bylaws. A club, lodge or fraternal
organization can include groups such as, but not limited to, the Elks
Club, Moose, Masonic Lodge, Lions Club, VFW, American Legion, Kiwanis
Club, Knights of Columbus, Rotary Club, Odd Fellows, Optimist Club,
Womens Club, Junior Womens Club, Boy Scouts, Girl Scouts, 4-H, YMCA,
Boys Club of America and Demolay. A club, lodge or fraternal organization
shall not include the following: 1) a men's or women's student organization
(college fraternity or sorority) formed chiefly for social purposes
having secret rites and a name consisting of Greek letters.
A grouping together of lots with a minimum perimeter.
To install, mount, maintain, modify or replace small wireless
facilities on an existing utility pole or other wireless support structure.
[Amended by Ord. No. 1080, 11/1/2022]
An area of land designed to provide a profit for the owner/operator
who furnishes hunting opportunities to those willing to pay for it
and open to the public on a daily fee basis or on a membership basis.
A spatially defined element of usable open space distributed
strategically within a community such that it provides a focal point
for residences as well as a gathering place for residents and an assembly
area for community functions. Permanent structures directly related
to the intended function of a commons may be included in this space
in addition to landscaping and lighting elements which are essential
to its function.
Any structure or device used for the purpose of collecting
or transmitting electromagnetic waves including, but not limited to,
directional antennas such as panels, microwave dishes, satellite dishes
and omnidirectional antennas such as whip antennas. Communications
antennas shall not include tower-based wireless communications facilities
as defined below. Not included are antennas and supportive structures
on residential dwellings for private noncommercial amateur purposes
including, but not limited to, ham radios and citizen band radios
that are regulated by the residential district sections of this chapter.
The building in which electronic receiving and relay equipment
for a tower is housed. Receiving and relay equipment can include,
but are not limited to, in-ground and aboveground cabling and any
equipment associated with the provision of wireless services.
Any of the following:
[Added by Ord. No. 1080, 11/1/2022]
A cable operator as defined in Section 602(4) of the Cable Communications
Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(5)].
A provider of information service as defined in Section 3(20)
of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(24)].
A telecommunications carrier as defined in Section 3(44) of
the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(51)].
A wireless provider.
A structure designed and constructed to support one or more
antennas used by commercial wireless communications facilities and
includes all appurtenant devices attached to it.
A facility designed to provide one or more community services
to a clientele from the surrounding neighborhood.
An area of land managed and maintained by a group of individuals
to grow and harvest food crops and/or nonfood ornamental crops, such
as flowers, for personal or group use, consumption, or donation. Community
gardens may be divided into separate plots for cultivation by one
or more individuals or may be farmed collectively by members of the
group and may include common areas maintained and used by group members.
A solar-electric system that, through a voluntary program,
provides power and financial benefit to, or is owned by, multiple
community members.
A system that connects agricultural producers and consumers
by allowing consumers to subscribe to the harvest of a certain farm
or group of farms for a fee.
COMMUNITY-SUPPORTED AGRICULTURE DELIVERY STATION ACCESSORY TO FARM LOTA community supported agriculture delivery/pickup site located on the lot where the agricultural products were harvested.
COMMUNITY-SUPPORTED AGRICULTURE DELIVERY STATION ON DIFFERENT LOT THAN FARMA community supported agriculture delivery/pickup site located at a different location than where the agricultural products were harvested.
A space that will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A use permitted in a particular zoning district pursuant
to approval being granted by the governing body.
A facility that is constructed for and devoted to accommodating
meetings by providing meeting space.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown as part of the Airport Hazard Overlay,
is based on the conical surface.
A defined area which is being held for the purpose of natural
resource protection and/or the raising and protection of game. Activity
within these types of areas may include, but is not limited to, hunting,
trapping, walking paths and educational centers.
An area designated for public access to a conservation area
so that maintenance may occur.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
Small stores which retail food and beverages primarily to
the immediately surrounding population.
A cool roof reflects and emits the sun's heat back to the
sky instead of transferring it to the building below. Coolness is
measured by two properties, solar reflectance and thermal emittance.
Roofs with a Solar Reflectance Index (SRI) value greater than or equal
to 78 for low-slope roofs, and 29 for steep-slope roofs, covering
at least 75% of the roof area. A lower SRI is allowed if more than
75% of the roof is covered, using a weighted formula. A cool roof
surface may also be installed in concert with a vegetated roof. See
the U.S. Green Building Council's LEED Green Building Rating System
for details.
A club, not otherwise defined by this chapter, that may include
a combination of outdoor and indoor recreation, dining and/or supporting
facilities for members, their families, and invited guests.
A curved curb connecting the tangents of two intersecting
curbs of streets or driveways.
Any ground-mounted structure that is designed and constructed
primarily for the purpose of data collection including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
structures used to wirelessly read utility meters and for other remote
monitoring purposes. For the purposes of this chapter, the term includes
facilities that are not solely under the jurisdiction of the Pennsylvania
Public Utility Commission, except where permitted by law. The term
includes the structure and any supporting structures thereto.
See "agriculture/environmental education program."
A structure which may or may not be enclosed and which projects
out from the main wall of a building or structure and does not have
a roof.
The computation of overall residential dwelling units per
acre of land. This figure shall be rounded to the nearest tenth and
shall not include the area of lands intended for nonresidential purposes,
including churches or other civic/public uses within the development,
nor shall it include dwelling units accessory to residential or nonresidential
uses. Open space shall however, be included in the computation.
The Pennsylvania Department of Environmental Protection (DEP),
the commonwealth agency responsible for overseeing and administering
environmental laws and regulations within Pennsylvania.
Any potable water well within Ferguson Township which has
obtained the necessary local, state and federal approvals and permits.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations. For
the purposes of Part 8 only, the definition of development shall also
include the storage of equipment or materials.
When used in regard to illumination, that form of lighting
wherein the source is visible and the light is distributed directly
from it to the object to be illuminated.
Immediately contiguous, sharing at least one boundary.
All land and watercourses located within designated boundaries
on the Official Zoning Map; a zoning district.
A rock that contains a variable portion of magnesium carbonite
and calcium carbonite.
An area of land, in its natural state or disturbed, within
which stormwater runoff flows. Usually long, channel like topography,
but can be a low-lying flat area which collects stormwater and may
or may not be well defined.
The use of land and structures in which goods or services
are dispensed directly to the patron in a motor vehicle by any means
which eliminates the necessity for the patron to exit the motor vehicle.
A facility or portion of a facility that permits goods or
services to be dispensed directly to a patron in a motor vehicle by
any means which eliminates the necessity for the patron to exit the
motor vehicle.
A vehicular accessway from a street into a lot.
Single-family semidetached dwelling unit.
Any building or portion of a building designed and used as
a residence(s) and having separate living, cooking and sanitary facilities,
used as living quarters.
A dwelling used by one family or single housekeeping unit.
SINGLE-FAMILY DWELLINGA single dwelling unit occupying the building from ground to roof.
TWO-FAMILY DWELLINGSTwo dwelling units, one above the other.
MULTIFAMILY DWELLINGSThree or more dwelling units, with the units stacked one above another.
A place open to the general public for the sale and consumption
on the premises of food and/or beverages, which includes restaurants,
bars, and tavern establishments.
An eating and drinking establishment where the principal
business is the sale of food and beverages with waited table service
or where less than 1/3 of sales are to patrons for off-premise consumption
(carryout or delivery). Menus for such restaurants are often provided
individually to on-premise patrons at their tables, or food may be
selected from a buffet table or cafeteria line.
An eating and drinking establishment where the principal
business is the rapid preparation, turnover, and sale of food and/or
beverages without waited table service and where over 1/3 of sales
are to patrons for off-premise consumption (carryout or delivery).
Menus for quick-service restaurants are posted, and food and beverages
served at such restaurants are usually ordered at a counter and contained
in disposable containers or packaging, with on-premise patrons typically
expected to clean up after themselves.
An apartment, not less than 600 square feet, sharing utility
connections with a principal building. Such unit(s) may be within
an outbuilding (usually located toward the rear of the same lot as
the principal building). These accessory dwelling units do not count
toward density calculations.
A building, structure and/or lot used for the maintenance,
fueling, storage, dispatching or parking of vehicles and/or equipment
utilized to provide private rescue or ambulatory services, fire and/or
police services.
Any service to citizens for injury or life-threatening events,
including but not limited to ambulance, paramedic or fire and rescue
services provided by a public agency.
Services for equestrian-related business including but not
limited to boarding, riding, show ring and/or tack shop.
Construction or assembly.
Plants such as rhododendron, azaleas, holly, mountain laurel
and blueberries. If these plants are to be used on site, soil pH testing
must be completed to determine the required amendment of the soil.
Erosion, the process by which the land surface and/or subsurface
is worn away by the action of natural elements; sedimentation, the
process by which mineral or organic matter is accumulated or deposited
by the movement of wind and water, or by gravity.
A structure, building or appurtenant facility owned and maintained
by a utility for the operation and maintenance of a utility's service.
For the purposes of this chapter, such Type 1 facilities include building
or structures such as electric substations, water towers/tanks/reservoirs,
and other similar structures. Facilities for the distribution of utility
services, including gas, electric, steam, telephone and similar services
are also included in this definition. Treatment power-generation facilities,
resource-extraction activities and communication antennas are not
included in this definition.
A structure, building or appurtenant facility owned and maintained
by a utility for the operation and maintenance of a utility's service.
For the purposes of this chapter, such Type 2 facilities include building
or structures such as water pumping stations and/or treatment and
sewage disposal pumping plants and/or treatment. Power-generation
facilities, resource-extraction activities and communication antennas
are not included in this definition.
A space that will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A tree, either single-stemmed or multistemmed (clump form),
which is a minimum of six feet tall at planting and is a species which
at maturity can be expected to reach a height of at least 20 feet.
See the Township's official plant list for a listing of permitted
evergreen trees.
A facility for the public display of items, materials, or
information that is related to some historic, educational, cultural,
entertainment, or scientific purpose or a building whose structure
itself is of historic, architectural or cultural significance and
whose interpretation relates primarily to the building's architecture,
furnishings and history. This term includes related accessory uses
(e.g., restaurant, gift shop, etc.) so long as these remain incidental
to the primary exhibit hall or museum use.
The use of a property as of the date this chapter was adopted.
An increase in the size of an existing structure or use,
including the physical size of a property, building, parking lot,
and other improvements.
An addition to the floor area of an existing structure, an
increase in the size of a structure, or an increase in that portion
of a lot occupied by an existing use; an enlargement.
A land development plan application that exceeds the prescribed
ninety-day time limit. Approval of plats as stipulated within the
Act of 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning
Code.
Federal Aviation Administration of the United States Department
of Transportation.
1) Walls of a structure opposite to and parallel with one
another, or 2) wall lines, or wall lines extended of opposite walls
intersecting at angles of less than 65°.
1) A person; 2) two or more persons, all of whom are related
by blood, marriage, parentage or adoption (including foster children),
living together as a single housekeeping unit. In addition to the
family, two or fewer unrelated persons may reside with the housekeeping
unit in the dwelling unit. For dwelling units in multifamily buildings
containing three or more dwelling units (other than those in vertical
mixed use buildings in the Terraced Streetscape Zone) the number of
persons permitted to occupy a unit shall be determined by the Centre
Region Code Office in accordance with the provisions of the Ferguson
Township Housing Code.
The provision of care in accord with regulations of the appropriate
state agency(ies) for up to three mentally ill or disabled children
or adults or elderly persons in a dwelling unit by a provider who
resides in that unit.
A residence in which out-of-home care is provided, as an
accessory use, at any one time, for part of a twenty-four-hour day,
for up to and including six children who are not related to the operator
and who are 15 years of age or younger. This definition does not apply
to care provided in the home of someone who is a relative to all of
the children being cared for or care provided by a relative in the
home of children whom are all related to each other and to the relative.
A lot or parcel consisting of the minimum number of acres
required herein and used for agricultural operations.
An eating establishment that prepares and serves food grown
on site and within Region 5 as defined by the Pennsylvania Department
of Agriculture to the greatest extent possible. The principal objective
of a farm cafe is to support local agriculture and provide alternatives
to the conversion of farmland through sustainable rural economic development
and empowering farmers to undertake entrepreneurial endeavors which
augment, support and highlight local agriculture.
The offering for sale of fresh and packaged agricultural
products directly to the consumer at an open-air market and/or combination
of enclosed and open-air facility.
A stand that sells fresh agricultural produce.
Buildings and facilities greater than 25,000 square feet
that are typically for farm-related activity and typically found on
land designated to farm-related activity.
Buildings and facilities 25,000 square feet and less in area
that are typically for farm-related activity and typically found on
land designated to farm-related activity.
The use of land and structures for one or more of the following:
the tilling of the land, the raising of crops, fruits and vegetables,
and the raising and keeping of livestock and poultry; horticultural
uses related to the raising, propagating and selling of trees, shrubs,
flowers, and other plant materials; forestry uses related to the harvesting
of lumber products.
A scale of operation essential to farm activities and based
on production of products. This use shall be considered of similar
nature and function as a home-based business.
Any establishment whose principal business is the sale of
food or beverages with rapid turnover to customers in a ready-to-consume
state for consumption either within the building or for carryout off
the premises, and whose design or principal method of operation includes
the following: foods and beverages are usually served in disposable
or edible containers; it is self-service, with customers expected
to clean up after themselves; and menus are posted.
The Federal Communications Commission.
[Added by Ord. No. 1080, 11/1/2022]
A fabricated barrier used to enclose an area of land.
Trunks and branches of trees and bushes, not including leaves,
needles, vines or brush smaller than three inches in diameter.
A facility for the artificial breeding, hatching and initial
growing of finfish and shellfish.
A repeating cycle of changing light intensity.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The area along a natural watercourse which is periodically
overflowed by water therefrom, and which is designated as such on
the Flood Hazard Boundary Map for Ferguson Township, January 5, 1996,
or the most recent revision prepared by the Federal Insurance Administration,
Federal Emergency Management Agency. In addition, it shall include
local alluvium soils such as Nolin silt loams, designated by map symbol
"No" on the Soil Survey of Centre County, Pennsylvania, August 1981,
prepared by the Soil Conservation Service, U.S. Department of Agriculture,
in cooperation with the Pennsylvania State University and the Pennsylvania
Department of Environmental Protection.
Waters which escape from streams or other bodies of water
and over low adjacent lands, as distinct from runoff.
The designated area of floodplain required to carry and discharge
floodwaters of a given magnitude. For the purposes of this section,
the floodway shall be capable of accommodating a flood of the 100-year
magnitude.
A solid wall, fence, dense vegetation or combination thereof
that forces bees to fly at a higher elevation above ground level over
the property lines in the vicinity of the apiary.
A business establishment which prepares and serves meals
or refreshments for entertainment primarily off the premises.[4]
Any person, firm, corporation, vendor, or operator within
the Township engaging in the peddling, selling, or taking orders,
either by sample or otherwise, of food items to be used or sold for
immediate human consumption, in serving size packages using a mobile
unit either in a stationary position on private or public property
or in a moving position on public streets. This definition shall apply
to any mobile unit who dispenses food items to the public which are
prepackaged, or are cooked, prepared and/or assembled and served from
within the mobile unit.
[Added by Ord. No. 1076, 3/15/2022]
The management of forest and timber lands when practiced
in accordance with accepted silvicultural principals, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A domestic bird of any kind, not including chickens.
Natural, linear-drainage, soil-tonal and topographic alignments,
usually visible on aerial photographs, which are commonly the surface
manifestations of corresponding zones of fracture concentration within
underlying bedrock. Particularly in soluble rocks (e.g., limestone
and dolomite), fracture zones cause increased bedrock porosity and
permeability, resulting in rates of groundwater movement that are
greater than the surrounding bedrock.
A facility for the receipt, transfer, short-term storage
and dispatching of freight and goods transported by truck.
The portion of a lot boundary abutting a street.
A farm where a variety of wild animals are kept or bred,
often with facilities for visitors to observe and/or hunt.
Activity related to:
AGRICULTURAL ENGINEERING RESEARCHSystematic investigation to establish new facts and principles for improvement of the engineering needs of modern agriculture and agribusiness. Includes digital mapping, frost protection research and soil erosion and nutrient transport research.
GENERAL AGRICULTURAL RESEARCHSystematic investigation to establish new facts relating to agriculture, agribusiness, rural communities and institutions. Includes general farming, land tillage, cultivation, irrigation, fertility, insect/plant interactions and pest management. Fertilizers, compost, manures and pesticides are applied as needed.
GENERAL FARMINGOne or more areas of land operated as a unit as a principal use for the purpose of producing agricultural, horticultural, floriculture, vegetable and fruit products of the soil, livestock, meats, poultry, eggs, dairy products, nuts, honey, wool and hides, but shall not include the breeding, raising, or maintaining of fur-bearing animals, or abattoirs, riding academies, livery stables or animal kennels.
GENERAL FISH AND MAMMAL RESEARCHSystematic investigation to establish new facts relating to fish and mammals in various ecosystems. Includes experiments on biology, including reproduction and growth.
GENERAL FORESTRY RESEARCHSystematic investigation to establish new facts relating to forest ecosystems.
GENERAL SOIL, IRRIGATION AND BIOLOGICAL ENGINEERING RESEARCHSystematic investigation to establish new facts and principles relating to the qualities of our soil and biology.
GENERAL SOIL, IRRIGATION AND WATER RESEARCHSystematic investigation to establish new facts and principles relating to the qualities of our soil and water resources. Includes general farming, land tillage, cultivation, irrigation, fertility and pest management. Fertilizers, manures and pesticides are applied as needed.
A structure, enclosed on a minimum of three sides constructed
prior to the adoption of this chapter, where the structure is used
of storing motorized or nonmotorized watercraft and/or recreational
vehicles.
Systematic investigation to establish new facts relating
to meteorological information, antenna design and research and radio
propagation research.
CONVENTIONAL GOLF COURSEA golf course with a minimum of 2,800 yards of play in nine holes.
SPECIAL GOLF COURSEAny form of golf which is not included under the definition of conventional golf course, such as, driving ranges, disc golf, foot golf, or pitch-and-putt, but excluding miniature golf.
The act of excavating and/or filling land for the purpose
of changing natural slope.
A roofing system that utilizes vegetation to absorb rain
water and reduce heat reflection.
A spatially defined element of usable open space designed
to serve a variety of outdoor leisure and assembly needs. Greens may
be distributed throughout the open space network to enhance the form,
appearance and function of this element of the community. Landscaping,
lighting, and accessory structures integral to the function of the
green shall be inclusive elements of the definition.
Retail location for the purveying and/or selling of predominantly
food stuffs and other related living essentials.
The total amount.
The sum total of the floor areas of all floors of a building
as measured from the exterior walls, inclusive of hallways, rest rooms
and other space ancillary to the proposed use.
A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure.
A residence in which out-of-home care is provided, as an
accessory use, at any one time, for part of a twenty-four-hour day
to more than six but fewer than 16 older school-age children or more
than six but less than 13 children of any other age. This definition
does not apply to care provided in the home of someone who is a relative
to all of the children being cared for or care provided by a relative
in the home of children whom are all related to each other and to
the relative.
A residence comprised of rooming units operated by a responsible
individual, family or organization with a program to provide a supportive
living arrangement for individuals where special care is needed by
persons served due to age, emotional, mental, developmental or physical
disability. This definition shall expressly include facilities for
the supervised care of persons with disabilities subject to protection
under the Federal Fair Housing Act, as amended.[5] Group homes must be licensed where required by any appropriate
government agencies, and a copy of such license and update must be
delivered to the Zoning Administrator prior to the initiation and
continuation of the use.
Group homes shall be subject to the same limitations and regulations
by the Township as the type of dwelling unit they occupy.
It is the express intent of the Township to comply with all
provisions of the Federal Fair Housing Act, as amended, and regulations
promulgated thereunder, in the construction of this term.
Any cable or wire that extends from a small wind energy system
for the purpose of supporting the system structure.
A shop that is open to the public for agricultural-retail
retail trade of supplies, apparel, supporting accessories, repair
and limited production.
Materials which are classified by the U.S. Environmental
Protection Agency and the Pennsylvania Department of Environmental
Protection as having the potential to damage health, impair safety,
or pose a significant actual or potential hazard to water supplies
if such material were discharged into land or water of the Township.
"Hazardous materials" include but are not limited to inorganic mineral
acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous,
selenium, arsenic and their common salts, lead, coal tar acids (such
as phenols and cresols) and their salts, petroleum products, pesticides,
herbicides, solvents, thinners, fertilizers, and radioactive material.
A business establishment where patrons use weights, machines,
or other such equipment or floor space for the purpose of physical
exercise and/or wellness. Exercise and fitness centers may include
health spas and concession stands.
The maximum height of a building and/or structure measured
from the average finished grade at perimeter of the base of the building
and/or structure to the highest point of such building and/or structure.
For the purpose of determining the height limits in all zones set
forth and shown on the official supplementary Airport Overlay Zoning
Map, the datum shall be mean sea level elevation unless otherwise
specified.
Chemicals developed to control or eradicate plants.
Study beyond the level of secondary education.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
of individual listings in the National Register.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business activity may not involve any illegal activity.
An activity, intended to be financially gainful, conducted
within a dwelling unit, the conduct of which is clearly incidental
and secondary to the use of the dwelling unit, and, whereas, there
shall be a maximum of one said accessory use within any one dwelling
unit. Unlike a no-impact home-based business, home occupations provide
opportunity for on-site customers and therefore also permit restricted
signage opportunity.
An activity, intended to be financially gainful, conducted
within a farm structure, the conduct of which is clearly incidental
and secondary to the use of the farm, and, whereas, there shall be
a maximum of one said accessory use within any one farm structure.
Unlike a no-impact home-based business, home occupations provide opportunity
for on-site customers and therefore also permit restricted signage
opportunity.
Honeybees are limited to European races of apis mellifera.
A place where honey bee colonies and/or lives, and other
beekeeping equipment, are kept.
An aggregate of worker bees, drones, queen, and developing
brood living together in a social family unit in a hive. The colony
must be registered with the Pennsylvania Department of Agriculture.
The colony must also be inspected by an apiary inspector for diseases.
A mass of six-sided cells made of wax by honeybees in which
a brood is reared and honey and pollen are stored; composed of two
layers united at their bases.
A box or receptacle with movable frames, used for housing
a colony of bees.
An establishment where horses are kept for riding or driving
or are stabled for compensation as part of a club association, ranch
or similar establishment. This may include providing instruction to
individuals or groups as well as demonstrations or exhibitions by
such students. Horse shows, or other competitive events involving
horses not normally kept on the premises is expressly forbidden. In
addition, this use may not include the sale of feed, tack, or any
other goods and/or services associated with riding or showing horses.
Activities and practices relating to the raising, propagating
and selling of trees, shrubs, flowers, fruits, vegetables, and other
plant materials.
An establishment for the diagnosis, treatment or other care
of humans and having facilities for inpatient care; includes sanitarium,
sanatorium and preventorium.
A building used primarily for providing more than 10 transient
lodging accommodations on a daily rate basis to the general public
in which the lodging rooms provide no cooking facilities.
A temporary occupant of a short-term rental living quarter
within a dwelling unit.
Domesticated species of dog, cat, or other nonexotic animal
generally weighing less than 150 pounds that resides within a dwelling
unit and is not raised for production of products for sale.
A facility, whether open to the public or limited to members
of a group, which offers activities such as game hunting, fishing,
trap/skeet shooting, target shooting, target practice, game farms,
and related uses such as assembly halls or sale of bait or equipment.
A licensed vehicle which vends only prepackaged frozen dairy
or frozen water-based food products, soft-serve or hand-dipped frozen
dairy products or frozen water-based food products and prepackaged
beverages.
Impervious, impenetrable to moisture.
A surface that prevents the infiltration of water into the
ground. Impervious surfaces (or areas) shall include, but not be limited
to roofs; additional indoor living spaces, patios, garages, storage
sheds and similar structures; and any new streets or sidewalks. Decks,
parking areas, and driveway areas are not counted as impervious areas
if they do not prevent infiltration.
A facility in which the process of the combustion of organic
substances contained in waste materials through high-temperature waste
treatment systems takes place.
INCINERATOR, TYPE 1 (AGRICULTURAL INCINERATOR)An incinerator generally for use as part of agricultural purposes.
INCINERATOR, TYPE 2An incinerator generally for use as part of non-agricultural purposes.
An area planned for the integrated design of two or more
primary industrial uses and structures on a lot held in single ownership.
Chemicals developed to control or eradicate insects.
A plan which provides for the use of multiple pest management
tactics which minimize the risk of undesirable environmental and health
effects.
Transient surface water bodies formed in closed depressions
after heavy precipitation due to poor internal drainage. This poor
drainage may be due to residual clay.
A body of water flowing in a channel or bed composed primarily
of substrates associated with flowing water, which, during periods
of the year, is below the local water table and obtains its flow from
both surface runoff and groundwater discharges. Most intermittent
streams are shown as thin blue lines on the most recent Streams Within
the Centre Region, U.S.G.S. National Hydrologic Dataset (NHD) mapping
as noted on attached Appendix E.[6]
A lot used for the storage of any scrap material or junk,
including without limitation, appliances, fixtures, nonworking automobiles,
automobile parts, machines or machinery parts, equipment, containers
and building materials.
A type of topography that is formed over limestone, dolomite,
or gypsum by bedrock solution, and that is characterized by closed
depressions, sinkholes, caves, and underground conduit drainage.
An accessory use to a dwelling unit involving the breeding,
raising, caring for, housing, and principally the hobby (including
agricultural clubs such as 4-H, FFA and the like); personal use of
livestock and products derived from livestock by the occupant, owner
or leaser of the lot on which such use is located.
A use as defined and classified in accordance with the Pennsylvania
Dog Law.[7] Also commonly known as a "boarding kennel."
Native vegetation from land clearing, grubbing, and excavation,
including trees, brush, stumps and vegetative material, that has been
removed from the land for agricultural purposes or development projects.
[Added by Ord. No. 1076, 3/15/2022]
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania's
Municipalities Planning Code and the Township's Subdivision and Land
Development Code.[8]
Any lot or parcel of land used to cultivate, propagate, grow
and/or sell trees, shrubs, vines and other plants for on-site sale,
including the buildings, structures and equipment customarily incidental
and accessory to the primary use.
Any lot or parcel of land used to cultivate, propagate, and
grow trees, shrubs, vines and other plants for sale and distribution
off-site, including the buildings, structures and equipment customarily
incidental and accessory to the primary use.
A use of new or existing plants, earthen mounds, fences and/or
walls located between two uses, or between one use and a public right-of-way,
that is intended to lessen negative impacts, such as undesirable views,
noise or light.
For the purpose of this chapter, large animals are considered
including bovine, equine, sheep, goat or camelid families. This shall
also include emus and similar large birds.
A residence hall providing living facilities for 21 or more
individuals.
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight and jet powered aircraft.
A self-service facility containing clothes washing machines
and dryers which are usually coin-operated and are open for use to
the general public.
A device used to disperse concentrated stormwater flow uniformly
over the ground surface as sheet flow.
The manufacture, predominantly from previously prepared materials,
of finished products or parts, including processing, fabrication,
assembly, treatment and packaging of such products, and incidental
storage, sales, distribution of such products.
A rock that by chemical precipitation or the accumulation
of organic remains consists mainly of calcium carbonate.
A combination of a dwelling unit and business space, such
as an artisan shop or office that is open to the public for retail
trade or personal or professional services. Work activities are conducted
by one or more occupants of the unit (preferably on the street level)
and the dwelling area (second floor and above) serves as their principal
residence. All such units of occupancy are counted when establishing
the density of development.
Those class of animals that are customarily kept and housed
outside the home or in enclosures such as pens, barns, corrals or
padlock areas. Livestock includes, but is not limited to, horses,
cattle (beef and dairy), llamas, alpacas, mules, swine, sheep, goats,
chickens, and fowl.
A fenced-in area that presents and adequate blockade around
a field, yard, or other such expanse of land for the purpose of containing
livestock or prohibiting intrusions from outside.
Alluvial materials that have eroded from uplands and been
deposited in lower lying areas and drainageways.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
CORNER LOTA lot at the junction of and abutting on two or more intersecting streets or at the point of abrupt change of a single street were the interior angle is less than 135° and the radius of the street is less than 100 feet.
INTERIOR LOTA lot with only one frontage on a street.
THROUGH LOTA lot with front and rear street frontage.
 |
The portion of the lot that may be impervious. This includes,
but may not be limited to, both building footprint and parking area.
A line generally established by metes and bounds, which,
when combined with other lot lines, delineates a lot.
FRONT LOT LINEThe line separating the lot from the street right-of-way.
SIDE LOT LINEAny lines which are not front or rear lot lines.
REAR LOT LINEThe line parallel to or within 45° of being parallel to a street line which defines the rear of the lot.
The area contained within the boundary lines of a lot.
The horizontal distance between side lot lines:
The minimum horizontal distance between side lot lines as
measured at the building setback line.
The minimum horizontal distance between side lot lines as
measured at the street line.
An innovative stormwater management approach with a basic
principle that is modeled after nature: to manage rainfall at the
source using uniformly distributed decentralized microscale controls.
LID's goal is to mimic a site's predevelopment hydrology by using
design techniques that infiltrate, filter, store, evaporate, and detain
runoff close to its source. Small, cost-effective landscape features
located at the lot level, known as integrated management practices
(IMPs), are the building blocks of LID. Almost all components of the
urban environment have the potential to serve as an IMP. This includes
not only open space, but also rooftops, streetscapes, parking lots,
sidewalks, and medians.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage in an area other than a basement area is not considered the
lowest floor of a building; provided, that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this section.
The buying of goods or services by parcel or postal delivery.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" includes parked trailers, travel trailers
and other similar vehicles placed on a site for greater than 180 consecutive
days.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
The production and/or keeping of said material as defined
by the Commonwealth of Pennsylvania.
An establishment for where any form of consideration, massage,
alcohol rub, fomentation, electric or magnetic treatment, or similar
treatment or manipulation of the human body is administered, unless
such treatment or manipulation of the human body is administered by
a medical practitioner, chiropractor, acupuncturist, physical therapist
or similar professional person licensed by the state. This definition
does not include an athletic club, health club, school gymnasium,
reducing salon, spa or similar establishment where massage or similar
manipulation of the human body is offered as an incidental or accessory
service.
The three-dimensional building form produced by combining
building height and building cover. A massing envelope represents
the maximum building volume that can be constructed on a lot.
The percentage of lot area that may be covered in a manner
that prevents the percolation of water into the ground.
The median income for Centre County as established and defined
in the annual schedule published by the Secretary of the United States
Department of Housing and Urban Development.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the commonwealth
to dispense medical marijuana.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
A dispensary or a grower/processor of marijuana for medical
purposes.
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processor
and/or dispensaries.
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables,
and hardware, anemometers, wind direction vanes, booms to hold equipment,
anemometers and vanes, data logger, instrument wiring, and any telemetry
devices that are used to monitor or transmit wind speed and wind flow
characteristics over a period of time for either instantaneous wind
information or to characterize the wind resource at a given location.
See "brewery."
A small wireless facility that:
[Added by Ord. No. 1080, 11/1/2022]
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
The minimum value permitted for said width as identified
by this chapter.
The minimum value permitted in for said width as identified
by this chapter.
The use of land for the purpose of extracting rocks and minerals
for sale, exclusive of grading a lot preparatory to the construction
of a structure for which a zoning permit has been issued.
An area of development, associated with an existing or proposed
traditional town development, which is primarily residential with
local retail, institutions, employment, and open space as permitted
secondary uses.
A building, other than an accessory structure, with more
than one use in it. These may be nonresidential structures with civic,
commercial, or residential components or, multifamily residential
structures that include commercial components.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
For the purposes of this chapter, mobile homes shall be required to
meet any applicable regulations of the Floodplain Overlay, as indicated
for a manufactured home. Under no circumstances shall a park trailer,
travel trailer, recreational and other similar type vehicle be permitted
to be placed on a mobile home lot, or within a mobile home park, and
used as a permanent place of residency. Occupancy and compliance requirements
of the applicable building code shall be approved by the Centre Region
Code Office.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A structure which contains operational, office, recreational,
sanitary, maintenance or other facilities built for the use of the
mobile home park residents or owner.
All pipes, fittings and appurtenances from the drain outlet
of the mobile home to the inlet of the corresponding sewer riser pipe.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each mobile home space.
All pipes, fittings and appurtenances from the water riser
pipe to the water inlet pipe of the distribution system within the
mobile home.
The portion of the water service pipe which extends vertically
to the ground elevation and terminates at a designated point at each
mobile home lot.
All pipes, fittings, valves and appurtenances from the water
main of the park distribution system to the water outlet of the distribution
system within the mobile home.
A residential structure used initially for display purposes
which typifies the type of unit that will be constructed within the
same residential development.
The improvement, upgrade or replacement of a small wireless
facility or an existing utility pole that does not substantially change,
as defined in 47 CFR 1.6100(b)(7) (relating to wireless facility modifications),
the physical dimension of the small wireless facility or utility pole.
[Added by Ord. No. 1080, 11/1/2022]
A wireless communications facility (WCF) or site which consists
of a single pole structure, designed and erected on the ground or
on top of a structure, to support communications, antennas, and connective
appurtenances. Connective appurtenances can include, but are not limited
to, feeder cables, climb ladders, platforms, ice shields, and other
accessory infrastructure associated with a WCF.
An establishment providing services such as preparing the
human dead for burial and arranging and managing funerals and which
may include limited caretaker facilities.
See "hotel."
An establishment intended for the keeping and/or distribution
of consumer products.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, 53 P.S. § 10101 et seq., as reenacted and amended.
An organic or inorganic material used to cover the ground
or a planting bed (i.e., tree bark, stones).
Stormwater control facilities that are planted with native
vegetation rather than maintained as hardscape or lawn.
A building and/or land dedicated to providing information
and educational exhibits about the natural environment to the public.
Structures for which the start of construction commenced
on or after March 15, 1982, including any subsequent improvements
thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment for which a straight-in non-precision
instrument approach procedure has been approved or planned.
Intended for specialized use other than for the general population
to partake or participate.
All non-tower-based wireless communications facilities including,
but not limited to, data collection units, communications antenna
and related equipment. Non-tower-based WCF shall not include support
structures for communications antenna and related equipment. Not included
are towers and supporting structures on residential dwellings for
private noncommercial amateur purposes including, but not limited
to, ham radios and citizen band radios that are regulated by the residential
district sections of this chapter.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
zoning ordinance or any amendment heretofore or hereafter enacted,
where such structure lawfully existed prior to the enactment of such
ordinance or amendment or prior to the application of such ordinance
or amendment to its location by reason of annexation. Such nonconforming
structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or any amendment
heretofore of hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
Any nonconforming lot, structure or use of land or structures.
A building with rooming units where persons are housed or
lodged and furnished with meals, includes nursing care for hire, and
which is licensed for such by the Pennsylvania Department of Human
Services.
The Pennsylvania Nutrient Management Act of 1993,[9] which is applicable to agricultural operations with over
2,000 pounds of animal weight per acre that generate or utilize manure.
The act requires the development of a plan demonstrating that nutrients
which are land applied do not exceed crop uptake.
A plan prepared by a qualified professional establishing
application rates for manure/fertilizer on agricultural lands to achieve
a proper balance of nutrients and minimize nutrient contamination
of groundwater.
Any dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, bridge, conduit, culvert,
building, wire fence, rock, gravel, refuse, fill, structure or matter
in, along, across or projecting into any channel, watercourse, floodplain
or regulatory flood hazard area which may impede, retard or change
the direction of the flow of water, or that is placed where the flow
of water might carry the same downstream to the damage of life or
property.
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a central treatment and
disposal plant.
A sanitary sewage disposal system in which sewage is treated
and discharged on the same lot as the use which it serves.
A parcel or parcels of land incorporated within a subdivision
that is used for passive and unorganized play areas. This land may
include floodplain, wetlands, steep slopes, stormwater basins and
drainage areas. The land set aside as open space may not be used towards
calculating the parkland requirements of the development.
A type of geothermal heating and/or cooling system that utilizes
a water-supply well and a water pump to deliver ground water to a
water-source heat pump. The discharge water from the water-source
heat pump may be returned to the subsurface through a recharge well
or infiltration bed, or may be discharged into a pond, lake, or stream.
A spring may also be the source of the ground water supply.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a space or water heating system in a building or structure, outside
of which the unit is located.
See "public recreation area."
The base and/or supporting structure, other than a building
or tower, for the support of an antenna or sign.
The Pennsylvania Department of Transportation (PennDOT),
the commonwealth agency responsible for overseeing and administering
transportation laws and regulations within Pennsylvania.
Act of July 31, 1968, P.L. 805, No. 247, as reenacted and
amended, 53 P.S. § 10101 et seq.
The state agency responsible for the wildlife conservation
and management in Pennsylvania.
A body of water flowing in a channel or bed composed primarily
of substrates associated with flowing waters and capable, in the absence
of pollution or other man-made disturbances, of supporting a benthic
macro-invertebrate community which is composed of two or more recognizable
taxonomic groups of organisms which are large enough to be seen by
the unaided eye and can be retained by a United States Standard No.
30 Sieve (28 meshes per inch, 0.595 mm openings) and live at least
part of their life cycles within or upon available substrates in a
body of water or water transport system.
An authorized use herein which, upon application to the Zoning
Administrator, may be granted in accordance with the provisions of
this chapter.
A premise that is approved and licensed as a personal care
boarding home by the Department of Human Services for which food,
shelter and personal assistance or supervision are provided for a
period exceed 24 hours to nine or more residents who are not relatives
of the operator or owner and who require assistance or supervision
in such matters as dressing, bathing, diet or medication prescribed
for self-administration.
A premise that is approved and licensed as a personal care
boarding home by the Department of Human Services for which food,
shelter and personal assistance or supervision are provided for a
period exceed 24 hours to four to eight residents who are not relatives
of the operator or owner and who require assistance or supervision
in such matters as dressing, bathing, diet or medication prescribed
for self-administration.
A business in which services are offered to an individual
relating to the hygiene or appearance of an individual such as, but
not limited to, barbershops, hair salons, manicurists, acupuncturists,
massage therapy, health spas, weight loss centers, tanning salons,
hair replacement or removal facilities, and the like.
A building, structure or portion thereof designed or used
for grooming, boarding, training, day care or overnight boarding of
domestic animals or other household pets. A portion of the facility
used for the retail sale of pet products and food may be accessory
to the primary pet care service facilities use.
A commercial retail facility that provides food and accessories
for domestic and farm animals. Training and grooming areas may also
be incorporated as well as the sale of individual household pets.
Boarding and/or breeding at such facilities is prohibited. The sale
of dogs and cats at such stores is prohibited.
An institution, other than recreation- and/or school-related,
that people regularly attend to participate in or hold religious worship
services, community-wide activities and/or related meetings.
[Amended by Ord. No. 1076, 3/15/2022]
COMMUNITY PLACE OF ASSEMBLYA place of assembly, as herein defined, that is designed to serve those within the surrounding community and maximum seating capacity of the largest assembly space (current or proposed) is more than 251 and less than or equal to 750.
NEIGHBORHOOD PLACE OF ASSEMBLYA place of assembly, as herein defined, that is designed to serve those within one or more adjacent neighborhoods and maximum seating capacity of the largest assembly space (current or proposed) is less than or equal to 250.
REGIONAL PLACE OF ASSEMBLYA place of assembly, as herein defined, that is designed to serve those in multiple communities and maximum seating capacity of the largest assembly space (current or proposed) is equal to or greater than 751.
A depiction of a proposed traditional town development or
associated mixed residential area, indicating the overall design and
approximate layout of the various elements required by the applicable
provisions of this chapter. This plan shall serve as the basis for
consideration of compliance with the design goals of the regulations
prior to preparation of a specific implementation plan. This term
is also used to identify the first step in the plan approval process
for any development in the Terraced Streetscape Zoning District.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
The Ferguson Township Planning Commission, Township of Ferguson,
Centre County, Pennsylvania.
A covered entrance to a building or structure which may or
may not be enclosed and which projects out from the main wall of such
building or structure and has a separate roof or an integral roof
with the principal building or structure to which it is attached.
Any well developed within Ferguson Township by a public or
private company/authority which provides water supply to off-site
customers and satisfies the requirements of the Safe Drinking Water
Act.[10]
The facilities and related appurtenances utilized to extract
water from a potable water well.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). Also included is a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planned document.
A written plan that identifies an emergency response program,
material and waste inventory, spill and leak prevention and response,
inspection program, housekeeping program, security and external factors,
which is developed and implemented to control potential discharges
of pollutants other than sediment into waters of this commonwealth.
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture Natural Resource and Conservation Services County Soil
Survey.
The main use of land, building(s) or structures(s) as distinguished
from an accessory use.
A retail establishment that provides duplicating services
using photocopying, blueprint, and printing equipment and may include
the collating and binding of booklets and reports.
Not publicly owned, operated or controlled.
A facility in which organized forms of play and amusement
occur outdoors. May include, but is not limited to, the discharge
of firearms, fishing, horseback riding, hiking, biking, skiing, sledding,
ice skating, walking, running, swimming pools. Accessory buildings
such as pool houses, clubhouses, restroom facilities are permitted.
Does not include indoor recreation such as, but not limited to, indoor
swimming pools, bowling alleys, racquetball courts or basketball courts.
Organized sanctioned or competitive snowmobiling, ATV or motorcycle
use is not permitted.
A business establishment, owned by a private-sector entity(ies),
generally intended to provide recreation or entertainment for use
by a paying clientele.
Any office of recognized professions, such as doctors, dentists,
lawyers, architects, engineers, artists, musicians, designers, teachers
and others who, through training, are qualified to perform services
of a professional nature. Includes business offices and offices for
financial services.
Intended for the general population to partake or participate.
A forum held pursuant to notice under 65 PA.C.S.A. Ch. 7 (relating to open meetings).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A defined area of land that is either public or private lot
which is being held for the purpose of natural resource protection
and/or the raising and protection of game. Activity within these types
of areas may include, but is not limited to, hunting, trapping, walking
paths and educational centers.
Colleges and universities as well as professional schools
in such fields as law, theology, medicine, business, music, and art
where, at the end of a prescribed course of study, a degree, diploma,
or certificate is awarded.
A structure, other than for boat/RV storage, that is either
public or private intended for the temporary storage of vehicles and
motorcycles.
A park or recreation area which is owned or proposed to be
owned by Ferguson Township or Centre Region Government entity:
COMMUNITY, PUBLIC PARK AND OUTDOOR RECREATIONAL FACILITIESA public recreation area designed to serve those within the surrounding community.
NEIGHBORHOOD, PUBLIC PARK AND OUTDOOR RECREATIONAL FACILITIESA public recreation area designed to serve those within one or more adjacent neighborhoods.
REGIONAL, PUBLIC PARK AND OUTDOOR RECREATIONAL FACILITIESA public recreation area designed to serve those in multiple communities.
Public space is comprised of areas such as plazas, courtyards,
walkways, market squares, civic spaces, and other such gathering places
that, although landscaped, contain a substantial hardscape design
element (e.g., sidewalks, retaining walls, seating areas, fountains,
plazas, etc.). These sociable gathering/meeting places are designed
for the purpose of inviting face-to-face contact and personal interaction
within a human-scaled environment.
For the purposes of this chapter, electric substations, automatic
telephone exchanges, microrelay stations and the like (but excluding
public sewer and water facilities and radio and television transmitters
and towers) and any other public utility corporation when exempted
from the provisions of this chapter by state law.
A person, who by education, experience, certification or
licensure, has demonstrated expertise in a particular field. For the
purpose of this chapter, fields may include professional engineering,
geology, hydrogeology and soil sciences.
A street containing one parallel parking lane and one travel
lane. In instances where cars park along the roadway, queuing streets
require one car to wait temporarily in queue until the oncoming car
passes.
A commercial establishment for the racing of animals or motorized
vehicles.
A studio engaged in transmitting oral and visual programs
to the public, but not including the transmitter and/or antennas for
such broadcasting.
A planted depression that allows rainwater runoff from impervious
urban areas like roofs, driveways, walkways, parking lots, and compacted
lawn areas the opportunity to be absorbed.
A business establishment, owned by a private-sector entity(ies),
generally intended for use by employees, faculty and/or students where
said use provides recreation and entertainment related to the employee,
faculty and/or student activities.
A vehicle which is 1) built on a single chassis; 2) 400 square
feet or less when measured at the largest horizontal projections;
3) designed to be self-propelled or permanently towable by a light-duty
truck; and 4) designed primarily not for use as a permanent dwelling
but as temporary living quarters for permitted recreational, camping,
travel or seasonal use.
A location whose principal use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled,
or handled from the public. Collection facilities may include reverse
vending machines and small collection facilities.
The reconstruction, reuse or change in use of any developed
property including, but not limited to, the following: the demolition
and clearance of any existing structures, any increase in the intensity
of use of already developed land, such as an increase in the number
of dwelling units in a structure or change to a commercial or industrial
use from a less intensive use.
A product or waste, or combination of substances that, because
of the quantity, concentration, physical, chemical, or infectious
characteristics which if not properly treated, stored, transported,
used or disposed of, or otherwise managed, would create a substantial
present or potential threat to public health through direct or indirect
introduction into groundwater resources and the subsurface environment.
Such hazardous materials include, but are not limited to, substances
regulated under federal or state environmental, pollution control,
hazardous materials, and drinking water laws and regulations.
A channel of the watercourse and portions of the adjacent
land areas that must be reserved without cumulatively increasing the
water surface elevation contained in a floodplain.
The spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
of one or more regulated substances upon or into any land or water
within the Source Water Protection Overlay District. Release includes,
without limitation, leakage of such materials from failed or discarded
containers or storage systems and disposal of such materials into
any on-site sewage disposal system, dry-well, catch basin, swale,
drainageway.
To restore by replacing parts or putting together what is
torn or broken. Repair can be defined as an accessory or principal
use.
An establishment engaged in research, development, testing,
assembly, repair, and manufacturing in the following industries: biotechnology,
pharmaceuticals, medical instruments or supplies, communications and
information technology, electronics and instrumentation, and computer
hardware and software. Office, warehousing, wholesaling, and distribution
of the finished products produced at the site shall be included in
this land use.
A structure or complex of structures designed or used for
research, analysis and experimentation centered around agricultural
activities, production and practices including but not limited to
forage, forestry, entomology, livestock, vegetables, fruits and ornamental
crops.
Any eating or drinking establishment, however designated,
at which a principal use is to sell prepared food/beverages to the
general public for consumption on and off the premises, including,
but not limited to, a public dining room, lunchroom, diner, food court,
luncheonette, cafe, tea room, coffee house, coffee shop, tavern, grill,
lunch counter, drive-through, snack bar, cafeteria, buffet, etc. This
does not include establishments that sell only treats (such as ice
cream or candy), employee and/or student lunchrooms associated with
a permitted principal use, or concession stands at active public recreation
sites or public sporting events.
A commercial enterprise that provides goods and/or services
for which the majority of the customer-base is nonpublic agriculture
business-to-farm or business-to-business relationships.
A commercial enterprise that provides goods and/or services
directly to the consumer, where such goods are available for immediate
purchase and removal from the premises by the purchaser.
A commercial enterprise that provides goods and/or services
for which the majority of the customer-base is the general public
as related to farm-to-business or farm-to-consumer relationships.
Mobile units including food trucks, trailers, stick stands,
carts, and other similar structures that are mobile/transitory by
design from which food is stored, prepared, processed, distributed,
or sold. A mobile food facility is synonymous with the term "retail
food facility" as defined in PA State Regulation, Title 7, Chapter
46, PA Food Code. Ice cream trucks are exempted from this chapter.
[Added by Ord. No. 1076, 3/15/2022]
An impoundment in which stormwater is stored and not released
during the storm event. Stored water may be released from the basin
at some time after the end of the storm.
A facility licensed by the state designed to serve the housing
needs of older persons in a continuum of care environment through
facilities which relate both to dependent and independent persons;
such facilities may include independent living units, sheltered care
units, nursing care units and related support services.
A corridor of land set aside for use, in whole or in part,
by a street or other public purpose.
a) Areas adjacent to a stream that are saturated by ground
water or intermittently inundated by surface water at a frequency
and duration sufficient to support the prevalence of vegetation typically
adapted for life in saturated soil. b) The transition area between
the aquatic ecosystem and the nearby, upland terrestrial ecosystem.
These areas are identified by soil characteristics and/or plant communities
and include the wet areas in and near streams, ponds, lakes, springs
and other surface waters.
Area of varying width adjacent to a water body where management
practices that might affect water quality, fish, or other aquatic
resources are modified. It is an area which acts as an effective filter
and adsorptive zone for sediment; maintains shade; protects aquatic
and terrestrial riparian habitats; protects channel and stream banks;
and promotes floodplain stability. The buffer may be wider than just
the riparian area.
Areas surrounding surface water bodies including, but not
limited to, swales, creeks, streams, water bodies, intermittent watercourses
and delineated wetlands as well as those encountered during subdivision
and land development. These areas intercept surface water runoff,
subsurface flow, and deep groundwater flows from upland sources and
remove or buffer the impact of nutrients, sediment, organic matter,
pesticides, or other pollutants prior to entry into surface waters.
A technique for delineating the width of a buffer such that
the buffer boundary can be narrower at some points along the stream
and wider at others so that its average width meets the minimum criteria.
A space within a personal care home, nursing/other convalescent
home or group home where said space is occupied by no more than two
people.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain, snow or other form of precipitation
that does not enter the soil but runs off the surface of the land.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical or nonparochial governing body, person,
partnership or corporation meeting the requirements of the Commonwealth
of Pennsylvania.
A dwelling, generally for recreation purposes, unoccupied
for three or more consecutive months during any one-year period.
An additional layer of impervious material creating a space
in which a release of a regulated substance from a storage tank may
be detected before it enters the environment. This space permits a
monitoring zone for leak detection methods.
Soil materials transported by wind or water as a result of
erosion.
A facility consisting of one or more structures which contain
separate enclosed storage spaces, for personal belongings, of varying
sizes, leased or rented on an individual basis.
Any establishment whose primary activity is the provision
of assistance, as opposed to products, though products may be sold
secondarily to the services provided. Common service establishments
examples are, but not limited to, barbershops, hair salons, beauticians,
shoe repairs, reading rooms, tanning salons, dry cleaners and tailors.
The line within a lot defining the required minimum or maximum
setback distance between any structure and the adjacent street line.
The on and off flickering effect of a shadow caused when
the sun passes behind the rotor of a wind turbine.
The act of offering temporary living quarters within a dwelling
unit occupied by the owner or lessee for a negotiated price to a house
guest with or without the mediating use of a rental housing exchange
agency.
An ornamental plant with woody stems that is at least two
gallons in depth at planting. See the Township's official plant list
for a listing of permitted shrubs.
Tower or other structure on a farm used for feed/grain storage.
A localized, gradual, or rapid sinking of the land surface
to a variable depth, occurring in areas of carbonate bedrock; generally
characterized by a roughly circular outline, a distinct breaking of
the ground surface, and downward movement of soil into bedrock voids.
For the purpose of this chapter, small animals are considered
including chickens, fowl, game birds, and any other animal which is
by size and/or nature of a similar character to the aforementioned
animals.
A residence hall providing living facilities for 20 or fewer
individuals.
A wind energy conversion system which has a rated capacity
of up to 100 kilowatts and which is incidental and subordinate to
a permitted use on the same parcel. A system is considered a small
wind energy system only if it supplies electrical power solely for
on-site use, except that when a parcel upon which the system is installed
also receives electrical power supplied by a utility company, excess
electrical power generated and not presently needed for on-site use
may be used by the utility company.
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
A renewable energy project that either a) generates electricity
from sunlight, consisting of one or more PV systems and other appurtenant
structures and facilities within the boundaries of the site, or b)
utilizes sunlight as an energy source to heat or cool buildings, heat
or cool water, or produce mechanical power by means of any combination
of collecting, transferring, or converting solar-generated energy.
A solar energy project will not include any project which has a disturbance
zone of two or fewer acres, is mounted on or over an existing building
or parking lot, or utilizes integrated PV only.
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for off-site use. Principal solar energy systems consist of one or
more freestanding ground- or roof-mounted, solar collector devices,
solar-related equipment and other accessory structures and buildings
including light reflectors, concentrators and heat exchangers; substations;
electrical infrastructure; transmission lines and other appurtenant
structures.
Items including a solar photovoltaic cell, module, or array,
or solar hot air or water collector device panels, lines, pumps, batteries,
mounting brackets, framing and possibly foundations or other structures
used or intended to be used for collection of solar energy.
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
A system, structure, or device accessory to a principal use
which is used to collect, store, and distribute energy derived from
the sun for the purpose of heating or cooling the interior spaces
of buildings or for heating domestic hot water. Small solar energy
systems may include, but are not limited to, solar collectors, solar
reflectors, heat storage tanks, south facing double glazed window
walls, attached south facing greenhouses utilizing double glazing,
and architectural overhangs for blocking sunlight on south facing
windows.
The surface and subsurface area surrounding a water well,
well field, spring, or infiltration gallery supplying a public water
system, through which contaminants are reasonably likely to move toward
and reach the water source. The source water protection area shall
consist of the following zones:
ZONE IThe protective zone immediately surrounding a well, spring, or infiltration gallery which shall be a 100-foot to 400-foot radius, depending on site-specific source and aquifer characteristics.
ZONE IIThe zone encompassing the portion of the aquifer through which water is diverted to a well or flows to a spring or infiltration gallery. Zone II shall be 1/2 mile radius around the source unless a more detailed delineation is approved.
ZONE IIIThe zone beyond Zone II that contributes surface water and groundwater to Zones I and II.
For the purpose of this chapter, the Ferguson Township-Wide
Source Water Protection Zone II Overlay District encompasses the entire
area of Ferguson Township.
Wellhead protection areas surrounding public water supply
wells, including Zones I, II, and the Township-Wide Source Water Protection
Zone II.
Acts of masturbation, sexual intercourse, sexual bestiality
or physical contact with a person's clothed or unclothed genitals,
pubic areas, buttocks or breast.
The condition of human genitals when in a state of sexual stimulation
or arousal.
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
The showing of the human genitals, pubic area or buttocks with
less than a fully opaque covering, or the showing of the female breast
with less than a fully opaque covering of any portion thereof below
the top of the nipple or the depiction of covered male genitals in
a discernibly turgid state.
A recreational facility consisting of multiple fields and
athletic venues, which may be either indoor or outdoor facilities.
These facilities may include other elements, such as health and athletic
clubs and other recreational, entertainment or sports facilities and
concession stands.
A principal use that includes a structure with seats for
spectators to observe sporting, recreational, or entertainment events.
Place where a concentrated discharge of groundwater flows
at the ground surface, including perched water flow from the soil.
A spatially defined element of usable open space designed
such that it directly abuts streets on two or more sides. Squares
may be located throughout the required open space of a community in
a manner which enhances the form, appearance and function of this
element of the community. Landscaping and lighting must be provided
to augment the function of this feature within the open space network.
Any structure enclosing a flue or flues that carries off
smoke or exhaust from a furnace located inside or outside of a structure.
An off-street facility used for the transfer of loads to,
from or between trucks. This site is intended to be used for more
than four months out of a twelve-month period pursuant to stand-alone
agreement with the property owner.
Section 5903, Title 18, Pennsylvania Consolidated Statutes,
and as amended.
Camouflaging methods applied to wireless communications facilities,
communications antenna and other facilities which render them more
visually appealing or blend the proposed facility into the existing
structure or visual backdrop in such a manner as to render it minimally
visible to the casual observer. Such methods include, but are not
limited to, architecturally screened roof-mounted communications antenna,
building-mounted communications antenna painted to match the existing
structure and facilities constructed to resemble trees, shrubs, flagpoles,
and light poles.
Land whose slope (surfaces at an angle to the plane of the
horizon) is 25% or more a vertical difference of 25 feet or more per
100 feet of horizontal distance.
A space or place for storing materials and supplies for use
by the principal use located on the same site. Includes the storage
of goods which were produced on site. Storage is accessory to the
principal use on the site.
The storage of native vegetation from land clearing, grubbing,
and excavation, including trees, brush, stumps, and vegetative material
that has been removed from the land for agricultural purposes or development
projects, whether temporary or permanent.
[Added by Ord. No. 1076, 3/15/2022]
A facility or structure intended for the temporary storage
of passenger vehicles and light trucks.
Any aboveground (AST) or underground (UST) storage tank which
is used for the storage of any regulated substance.
A tank of 1,100 gallons or less capacity used for storing motor
fuel or motor oil for noncommercial purposes.
A tank used for storing heating oil for consumptive use on the
premises where stored.
A surface impoundment, pit, pond, or lagoon.
A stormwater or wastewater collection system.
A flow-through process tank including, but not limited to, a
pressure vessel and oil and water separators.
A nonstationary tank liquid trap or associated gathering lines
directly related to oil and gas production or gathering operations.
Tanks which are used to store brines, crude oil, drilling, or
frac fluids and similar substances or materials which are directly
related to the exploration, development, or production of crude oil
or natural gas regulated under the Oil and Gas Act (58 P.S. §§ 601.101
to 601.605).
Tanks regulated under the Surface Mining Conservation and Reclamation
Act (52 P.S. §§ 1396.1 to 1396.31).
Tanks used for the storage of products which are regulated under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §§ 6018.101
to 6018.1003).
Tanks regulated under the Solid Waste Management Act (35 P.S.
§§ 6018.101 to 6018.1003) including, but not limited
to, piping, tanks, collection and treatment systems used for leachate,
methane gas and methane gas condensate management.
A tank of 1,100 gallons or less in capacity located on a farm
used solely to store or contain substances that are used to facilitate
the production of crops, livestock, and livestock products on the
farm.
Tanks which are used to store propane gas.
Tanks containing radioactive materials or coolants that are
regulated under the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011
to 2297).
Tanks regulated under the Act of May 2, 1929 (P.L. 1513, No.
451), known as the Boiler Regulation Law (35 P.S. §§ 1301
to 1500).
Equipment or machinery that contains regulated substances for
operational purposes such as hydraulic lift tanks and electrical equipment
tanks.
A tank that contains a de minimis concentration of regulated
substances.
An emergency spill or overflow containment tank that is expeditiously
emptied after use.
Other tanks excluded by regulations promulgated under the Storage
Tank and Spill Prevention Act.[11]
One or a combination of stationary tanks with a total capacity
in excess of 250 gallons, including underground pipes and dispensing
systems connected thereto within the emergency containment area, which
is or was used to contain an accumulation of regulated substances,
and the volume of which, including the volume of piping within the
storage tank facility, is greater than 90% above the surface of the
ground. The term includes tanks which can be visually inspected, from
the exterior, in an underground area. The term does not include the
following, or pipes connected thereto.
Any tank or container which contains hazardous or petroleum
substances, either above or underground, which is otherwise unregulated
by the Storage Tank and Spill Prevention Act (STSPA), as amended.
For the purpose of this chapter, exempted tanks are limited to the
following: on-premise heating fuel tanks, farm or residential motor
fuel tanks with a capacity of 1,100 gallons or less, and tanks, drums,
or containers with a capacity of less than 110 gallons which contain
hazardous materials.
Any one or combination of tanks (including underground pipes
connected thereto) which are used to contain an accumulation of regulated
substances, and the volume of which (including the volume of the underground
pipes connected thereto) is 10% or more beneath the surface of the
ground. The term shall not include:
Farm or residential tanks of 1,100 gallons or less capacity
used for storing motor fuel for noncommercial purposes.
Tanks used for storing heating oil for consumptive use on the
premises where stored unless they are specifically required to be
regulated by federal law.
A septic or other subsurface sewage treatment tank.
An interstate or intrastate pipeline facility regulated under
state laws comparable to the provisions of law in Subsection 4 of
this definition.
Surface impoundments, pits, ponds, or lagoons.
Stormwater or wastewater collection systems.
Flow-through process tanks.
Liquid traps or associated gathering lines directly related
to oil or gas production and gathering operations.
Storage tanks situated in an underground area (such as a basement,
cellar, working mine, drift, shaft, or tunnel) if the tank is situated
upon or above the surface of the floor.
Except for tanks subject to the requirements of 40 CFR 280 (relating
to technical standards and corrective action requirements for owners
and operators of underground storage tanks (UST), tanks regulated
pursuant to the Act of July 7, 1980 (P.L. 380, No. 97), known as the
"Solid Waste Management Act,"[12] including, but not limited to, piping, tanks, collection
and treatment systems used for leachate, methane gas and methane gas
condensate management.
Any underground storage tank system whose capacity is 110 gallons
or less.
Any other tank excluded by policy or regulations promulgated
pursuant to this Act. (Def. amended May 10, 1996, P.L. 171, No. 34).
Fire-suppression tanks.
One or more stationary tanks, including any associated intrafacility
pipelines, fixtures, monitoring devices, and other equipment. A facility
may include aboveground tanks, underground tanks, or a combination
of both. The associated intrafacility pipelines, fixtures, monitoring
devices, and other equipment for an aboveground storage tank shall
be that which lies within the secondary containment area.
The plan prepared by the developer or his representative indicating how stormwater runoff will be managed at the development site in accordance with Chapter 26, Part 1. The contents of the SWM site plan are established in Chapter 26, Part 1, Subpart D, Stormwater Management Site Plan Requirements, § 26-403, Plan Submission.
A designed device, constructed or manufactured, used in a
soil or water conservation or management system to retain, regulate
or control the flow of water.
A habitable level within a building of no more than 14 feet
in height from finished floor to finished ceiling. Attics and raised
basements are not considered stories for the purposes of determining
compliance with regulations associated with traditional town development
or mixed residential area development(s).
A watercourse. Most streams are shown on the U.S.D.A. Soil
Conservation Service Soils Survey of Centre County mapping or as watercourses
shown on a U.S.G.S., seventy-five-minute quadrangle map as solid blue
lines or as state open waters identified in a letter of interpretation
issued by the Pennsylvania DEP. Streams are also shown as blue lines
on the most recent Streams Within the Centre Region, U.S.G.S. National
Hydrologic Dataset (NHD) mapping as noted in attached Appendix E.[13]
A bridge, ford or structure installed across a stream or
watercourse for temporary and/or permanent use as a means of ingress
and egress, livestock, or construction and/or agricultural vehicles.
Includes a street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other way used or intended to
be used by vehicular traffic or pedestrians, whether public or private.
Streets are further classified according to the functions they perform:
RESIDENTIAL ACCESS STREETA street that provides access to abutting properties designed to carry no more traffic than that which is generated on the street itself. No section of the street shall carry an ADT volume greater than 200. Each 1/2 of a loop street may be regarded as a single local access street and the total calculated traffic volume on a loop street shall not exceed 400 ADT. These streets may intersect or take access from any street type. Both ends of a loop street, however, must intersect the same collecting street and be laid out to discourage through traffic.
RESIDENTIAL SUBCOLLECTOR STREETA street that provides access to abutting properties and which may also conduct traffic from residential access streets that intersect it. Each subcollector street shall be designed so that no section of it will convey a traffic volume greater than 500 ADT. Each 1/2 of a loop subcollector street may be regarded as a single subcollector and the total traffic volume conveyed on a loop street shall not exceed 1,000 ADT. Subcollector streets shall be designed to exclude all external through traffic which has neither origin nor destination on the subcollector or its tributary residential access streets.
COLLECTOR STREETA street that places more emphasis on land access than arterial streets and offers lower traffic mobility. A collector street often carries local bus traffic and provides intracommunity continuity but ideally does not penetrate identifiable neighborhoods. This system includes urban connections to rural collector roads. In the central business district, and in other areas of similar development and traffic density, the collector system may include the entire street grid.
URBAN ARTERIAL STREETIdentified as unusually significant in terms of the nature and composition of travel it serves. Its importance is derived primarily from service provided to through travel, from service provided to major circulation movements within the urbanized area, and from service provided to rurally oriented traffic. The urban arterial system serves the major centers of activity of urbanized areas, the highest traffic volume corridors, and the longest trip desires and carries a high proportion of the total urban area travel mileage. The system should be integrated both internally and between major rural connections.
RURAL ARTERIAL STREETIdentified as streets with trip length and density suitable for substantial statewide or interstate travel. Rural arterial streets are those that provide linkage of cities, towns and other traffic generators that are capable of attracting travel over similarly long distances.
RESIDENTIAL SUBCOLLECTOR STREET AND RESIDENTIAL ACCESS STREETAny street which is not defined herein as urban arterial, rural arterial or collector shall be classified as residential subcollector or residential access street based on the average daily traffic count set forth in the definitions of these classifications.
The dividing line between a street and the lot; includes
right-of-way line and front lot line.
That portion of the building facade facing the arterial street
at the back edge of the sidewalk.
An object, including a mobile object, includes without limitation,
buildings, towers, cranes, smokestacks, earth formation and overhead
transmissions lines.
A building (or part thereof) which is designed specifically
to be for automobile parking and where there are a number of floors
or levels on which parking takes place.
Buildings and facilities, such as barns and silos, of 25,000
square feet in area or greater, that are used for farm-related activities.
Buildings and facilities, such as barns and silos, of under
25,000 square feet in area, that are used for farm-related activities.
An establishment used by an artist, dancer, photographer
or similar occupant who may or may not offer classes and/or workshops
at the studio.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
1) Any increase in the height of a wireless support structure
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet for structures located outside of the rights-of-way, or 10 feet
for structures located within the rights-of-way, whichever is greater,
except that the mounting of the proposed wireless communications facility
may exceed the size limits set forth herein if necessary to avoid
interference with existing antennas; or 2) any further increase in
the height of a wireless support structure which has already been
extended by more than 10% of its originally approved height or by
the height of one additional antenna array.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specification
which have been identified by the local code enforcement officials
and which are the minimum necessary to assure safe living conditions.
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A facility used for the processing of tree sap harvested
at a different location than where it was harvested.
A facility used for the processing of tree sap harvested
on the same lot as where it was harvested.
Extraction for sale or other commercial use of any mineral
which involves removal of the surface of the earth or exposure of
the mineral or subsurface to the earth to wind, rain, sun or other
elements of nature.
Perennial and intermittent streams, rivers, lakes, reservoirs,
ponds, wetlands, springs, natural seeps, and estuaries, excluding
water at facilities approved for wastewater treatment such as wastewater
treatment impoundments, cooling water ponds, and constructed wetlands
used as part of a wastewater treatment process.
An ecosystem condition in which biodiversity, renewability,
and resource productivity are maintained over time.
A natural low-lying stretch of land or minor man-made conveyance
channel which gathers or carries surface water runoff.
A room or rooms open to the general public, primarily used
for the retail marketing of beverage-related products controlled by
the Pennsylvania Liquor Control Board. Merchandise offered for sale
within the tasting room may also include souvenirs and clothing bearing
the logo of the business, as well as related items and other products
that reflect or enhance the character or theme of the product(s).
Rooms where wine tasting occurs, where beverage tasting is part of
the normal business practice in the wholesale marketing of beverage
products and that are not open to the public are not considered tasting
rooms.
An establishment which offers transportation in passenger
automobiles and vans to persons including those who are handicapped
for a fee. The establishment may include facilities for servicing,
repairing, and fueling the taxicabs, limousines or vans. For the purposes
of this chapter, storage and/or test/research locations for driver
services such as Uber, Lyft, or equivalent shall apply to this land
use.
A building or structure used exclusively for the transmission
and exchange of telephone messages. The term shall not include wireless
service towers.
Supporting structures and or uses that are removed from the
site as needed.
A use lasting for a limited time of seven days or less, unless
specified as longer under a particular use. Does not include the construction
or alteration of any structure.
Building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
The agricultural preparation of soil by use of various mechanisms
and tools.
A tool for establishing the allowable loadings of a given
pollutant in a surface water resource to meet predetermined water
quality standards.
The sum of the widths of Zone One and Zone Two riparian buffers
for the standard case where buffer averaging is not permitted.
A monopole, freestanding, or guyed structure that supports
a wind generator.
The height above grade of the fixed portion of a wind generator
tower, excluding the wind turbine and blades.
Any ground-mounted structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for wireless
communication purposes including self-supporting lattice towers, guyed
towers or monopole towers. For the purposes of this chapter, the term
includes facilities that are not solely under the jurisdiction of
the Pennsylvania Public Utility Commission, except where permitted
by law. The term includes the structure and any supporting structures
thereto.
Three or more single-family dwellings connected by common
side party walls to other single-family dwellings where all except
the end units are connected on both sides by party walls. Also referred
to as single-family attached dwellings (three or more dwelling units).
The Township of Ferguson, Centre County, Commonwealth of
Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for Ferguson Township.
An electronic device that generates radio waves of various
frequencies, modulates the radio waves' amplitude of frequency and
sends them through space by means of an antenna using greater than
100 watts of power.
A use (other than a prison or hospital) providing treatment
and/or housing for three or more unrelated persons who need specialized
housing, treatment and/or counseling because of:
Area which has been specifically designed or set aside to accommodate recreation, relaxation, or environmental preservation in accordance with the provisions of § 27-303. This does not include yard areas or setbacks associated with lots designated for uses other than open space uses.
The parts of a wind system including the blades, generator,
and tail.
An operation which provides educational assistance to children
in first through 12th grades based on a system of learning or instructional
standards that supplement the child's primary school participation
and attendance. The use and distribution of educational materials
is anticipated as accessory to the operation of the center.
A bored, drilled, driven, or dug well for the emplacement
of fluids into the ground (except open loop geothermal heat pump systems).
A tree, either single-stemmed or multistemmed (clump form),
which has a caliper of at least 1 1/2 inches at planting and
is of a species which, at maturity, can be expected to reach a height
of at least 10 feet. See the Township's official plant list for a
listing of permitted understory trees.
A development which is under single or multiple ownership
and control at the time of land development approval and which is
planned as an integral commercial unit, containing common, unified
or interconnected parking facilities and served by a limited number
of common or shared access driveways.
Area not within a building and not in a defined setback or
yard area.
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
Open space which has been designed in accordance with those
purposes for which it is intended to be used. This does not include
unbuildable portions of the site unless they have been incorporated
as a design feature such as a greenway, conservation area, or other
passive park space.
Any purpose for which a lot or structure may be designed,
arranged, intended, maintained or occupied, or any activity, occupation,
business or operation carried on in a structure on a lot.
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USE, ACCESSORY — See "accessory use."
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USE, CONDITIONAL — See "conditional use."
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USE, PERMITTED — See "permitted use."
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USE, PRINCIPAL — See "primary/principal use."
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USE, TEMPORARY — See "temporary use."
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The land area to remain in its natural condition for the
purpose of 1) allowing normal surface water runoff to be filtered
for sound environmental practice of maintaining good water quality,
and 2) providing an activity of natural scenery preservation adjacent
to the watercourse between the neighboring land use, serving as a
corridor of water regime preservation.
Buildings and facilities that are typically for farm-related
activity and typically found on land designated to farm-related activity.
A corporation, enterprise, government entity or persons generating,
transmitting, distributing, transporting and/or collecting in any
manner, electricity, heat, steam, natural gas, propane, water, wastewater,
or communications (cable, telephone and fiber optic) to the public,
or any portion thereof.
A runway that is constructed for and intended to be used
by propeller driven aircraft of 12,500 pounds maximum gross weight
or less.
A permissive waiver of terms and conditions of this chapter
issued by the Zoning Hearing Board.
A borehole which is constructed to receive heat exchanger
loop pipes and grout material. Fill material may be used below a minimum
depth of 20 feet below grade as the subsurface conditions warrant.
A building with more than one use where the separate uses
occupy separate floors of the structure.
An establishment used by a licensed veterinarian for the
diagnosis, treatment or prevention of animal diseases. Temporary/limited
boarding of animals, for the purpose of recovery or medical treatment
may be included, as well as overnight boarding for short-term care.
No outdoor boarding of animals is permitted. Facilities which offer
emergency veterinary care are included.
An unincorporated settlement that is part of a Township where
residential and mixed-use densities of one unit to the acre or more
exist or are permitted and commercial, industrial or institution uses
exist or are permitted.
The act of not meeting specific conditions or requirements
of this chapter.
A runway intended solely for the operation of aircraft using
visual approach procedures.
A pathway designed for and used by equestrians, pedestrians
and/or cyclists using nonmotorized bicycles.
A structure or room(s) for the storage of merchandise or
commodities which are not produced on site and are not required for
use on site. This use is typically found in conjunction with a distribution
center.
A natural or artificial lake, pond, reservoir, swamp, marsh,
or wetland.
A structure or building whose primary function is the production
of potable water for public use. For the purposes of this chapter,
such facilities include buildings or structures, including, but not
limited to, water treatment facilities, water towers/tanks/reservoirs
or pumping stations and any appurtenant structures including, but
not limited to, drying beds, back-up generators and fuel tanks, which
are necessary for the operation of the water production facility and
compliance with the Pennsylvania Department of Environmental Protection
(DEP) regulations.
A heat pump that uses a water-to-refrigerant heat exchanger
to extract heat from the heat source.
Upper surface of the zone of saturation in soil or rock.
A hole or shaft excavated, drilled, dug, or driven for the
supply of industrial, agricultural, or potable water for general public
consumption.
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
An area of land and/or structure that may be used for weddings/celebrations.
Consumption on the premises of food and/or beverages shall occur at
these venues.
Location for repairs and machine work to support technical
operations related to engines, welding and the like.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas.
A structure or room(s) for the distribution of merchandise
or commodities.
Any device which converts wind energy to a form of usable
energy.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries and/or other component necessary to fully
utilize the wind generator.
Equipment that converts energy from the wind into electricity.
Includes the rotor, blades, and associated mechanical and electrical
conversion components necessary to generate, store, and/or transfer
energy.
A device accessory to a principal use that converts wind
energy to mechanical or electrical energy.
Licensed facilities used for the commercial processing of
grapes or other fruit products to produce wine or similar spirits
or the refermenting of still wine into sparkling wine.
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a non-tower-based wireless
communications facility if approved by the Township.
Housing that is affordable for someone earning between 80%
and 120% of the median household income in Centre County as determined
by the latest Census data. These units shall not be segregated or
clustered within a neighborhood or structure and, from the exterior,
will provide no evidence that distinguishes them from market-rate
units.
A written agreement duly executed between the applicant for
a development, the Township, and the designated third-party administrator
of the workforce housing program.
Housing that is affordable for someone earning between 80%
and 120% of the median household income for Centre County as established
by the latest income guidelines defined in the annual schedule published
by the Secretary of the United States Department of Housing and Urban
Development. Housing shall be deemed affordable provided that costs
of such housing including mortgage, amortization, taxes, insurance,
and condominium or association fees, if applicable, constitute no
more than 30% of such gross annual household income for a household
size that may occupy the unit in question.
An unoccupied space, open to the sky, extending from the
lot line to a structure. The size of a required yard shall be measured
as the shortest distance between the structure and lot line.
FRONT YARDAn open space area extending along the full width of a lot parallel to the front property line or adjacent street right-of-way line, whichever is the closer to the property, which area is unoccupied and obstructed from the ground up, except for such intrusions as are expressly permitted by this chapter.
SIDE YARDAn open space area extending along the side of a lot parallel to the side lot line, which area shall extend from the front yard area to the rear yard area, except that in the absence of a rear or front yard area, the side yard area shall extend the full length of the lot.
REAR YARDAn open space area extending across the full width of a lot parallel to the rear property line or adjacent street right-of-way line, whichever is closer to the property, which area is unoccupied and unobstructed from the ground up, except for such intrusions as are expressly permitted by this chapter.
BUFFER YARDAn open space inclusive of vegetation and designed to provide an area of separation between different districts or uses.
An area bounded by a lot line and a line drawn parallel to
the lot line at a distance specified in the ordinance for front, side
or rear yard setbacks.
A building which is designed for and occupied by one family or group of persons, as with a single-family detached dwelling, living as a single household, with setbacks on three sides and one side built all or partially on a side property line. Structural attachments may be made to adjacent dwellings or garages with walls or fences to the side property line. Noncombustible material must be used when buildings are separated by 10 feet or less. Maximum occupancy shall be determined by the BOCA Building Code or this chapter, whichever is more restrictive. (See also Zero Lot Line Homes, § 27-207.)
The officially designated Zoning Administrator of the Township
of Ferguson, Centre County, Commonwealth of Pennsylvania.
A finite area of the Township, as designated by its boundaries
on the Zoning Map, throughout which specific and uniform regulations
govern the use of land and/or the location, size and use of buildings
and structures. The regulations of a zoning district may be supplemented
or altered by regulations imposed in an overlay zoning district.
The Zoning Hearing Board of Ferguson Township.
The map setting forth the boundaries of the districts of
this chapter and adopted by the Board of Supervisors of the Township.
[1]
Editor's Note: See 25 Pa. Code Chapter 102.
[2]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[3]
Editor's Note: See 3 Pa.C.S.A. § 2101 et seq.
[4]
Editor's Note: The former definition of "food truck," which
immediately followed this definition, was repealed by Ord. No. 1076, 3/15/2022. See now "retail food facility, mobile."
[5]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.
[7]
Editor's Note: See 3 P.S. § 459-101 et seq.
[8]
Editor's Note: See 53 P.S. § 10503(1.1) and Ch. 22, Subdivision and Land Development, respectively.
[9]
Editor's Note: See now 3 Pa.C.S.A. § 501 et seq.
[10]
35 P.S. § 721.1 et seq.
[11]
Editor's Note: See 35 P.S. § 6021.101 et seq.
[12]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[13]
Editor's Note: Said appendix is included as an attachment to this chapter.
